The legal environment within which community-based fisheries management (CBFM) will function should be examined to determine whether it supports or will need necessary enhancement to support the implementation of CBFM. The question as to whether CBFM is legally sustainable must be asked with regard to the whole legal framework of the State – from fundamental laws, such as the constitution, to subsidiary legislation. Amendments to existing legislation or new legislation may be necessary to implement CBFM. There is no blueprint for a CBFM legal framework what number of rights with respect to fish resources should be accorded and what should be the level of participation by the local community. It is important, however, to ensure that the constitutionality of all these aspects is ascertained, and to ensure that enabling legislation for CBFM consider the following issues: security, exclusivity and permanence of rights vested; flexibility of its provisions so as to allow states to exercise choices that reflect their unique needs, conditions and aspirations for CBFM; and the way CBFM harmonizes with the overall fisheries management legal framework. Attaining the right balance in the CBFM legal framework, however, is difficult and depends largely on local circumstances. There is much interest in using customary marine tenure (CMT) as a basis for CBFM in the Pacific Island Countries (PICs). The laws of PICs lend general support to the use of CMT or tradition in fisheries management. Still, only modest efforts in the use of CMT-based community fisheries management in the PICs are observed. Further legislative action can enhance CMT use in community fisheries management. Broad lessons can be drawn from the experiences of some PICs in legislating on CMT or certain of its aspects to enhance CMT use. Government commitment to CBFM generally, and for the role of CMT in the CBFM context with support from interested entities and stakeholders including communities, will complement efforts for promoting sustainable utilization of fisheries resources and improved livelihoods in the PICs. Keywords: community-based fisheries management, customary marine tenure, fisheries legislation, legal frameworks, Pacific Island Countries.

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Copyright FAO 2004. The designations employed and the presentation of the material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its fron tiers or boundaries. All rights reserved . Reproduction and dissemination of material in this information product for educational or other non- commercial purposes are authorized without any prior written per mission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Publishing Management Service, Information Division, FAO, Viale delle Terme di Caracalla , 00100 Rome, Italy or by e-mail to copyright@fao.org

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